Ombudsman Services communications case summaries

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1 Ombudsman Services communications case summaries Guide to case summaries The table included in this document includes a selection of recent complaints. These are complaints, from consumers (household and small businesses) about communications companies. We do not name the complainant or the company involved. We publish these anonymous summaries so that we can share more practical information on how we resolved real cases and help to manage expectations around the level of financial awards we make. We publish more data in our annual reports. These summaries explain the type of complaint and the nature of the problem. We summarise what we found out and what, if anything, we required the company to do, to put things right. We use the following headings: Complaint type This is the type of complaint we looked at. The main types of communications complaints we receive are those concerning customer service, disputes around contracts and disputes around billing. Detail This includes any relevant background to the complaint and the complainant s view of their problem. Before we accept any complaint we must give the company a reasonable opportunity to resolve it. They have up to eight weeks to do this. Review When we look into the complaint, to find out what went wrong, we will take into account: both sides of the story; regulatory rules, guidance and standards, codes of practice, relevant law and regulations; and what is accepted as good industry practice. Where we find that something has gone wrong, we aim to find quick, informal and realistic resolutions to the complaint which both parties agree on.

2 Resolution It is not our role to punish energy companies when deciding what resolution to provide. Our awards are proportionate and take into account the facts in the complaint. An award might include any of the following: a service or a practical action; an apology; an explanation of what has happened; or a financial award (this will be an amount that we consider appropriate to the individual complaint). Financial awards We can award up to 10,000 but the average award is much less, about 50. These are financial awards required by the ombudsman in addition to any financial goodwill that the company may have already offered during its earlier attempts to resolve the complain

3 Qtr3 2015/2016 Complaint type Detail Review Decision Billing The customer contacted the We were satisfied the customer was not company prior to going on holiday to add on a package financially disadvantaged, however there had been shortfalls in customer service. Provide a written apology for the shortfalls in customer service. allowing for a reduction in roaming and call. The company failed to add the package correctly. The company had already provided a refund of the raised. Provide an average goodwill payment. Contract issues Billing Customer service The customer complained that the company failed to inform the complainant about the possible loss of the telephone number following a home move. The complainant reported poor service from the company and required apologies and goodwill awards. The complainant took a sales call from the participating company and agreed to have two dongles, which hared the data with his mobile phone. The complainant used the dongles abroad as he thought that Euro Traveller was applicable to the dongles as well as to his mobile phones. The customer complained that the company did not inform him of the problems with collecting his direct debits. The customer states that the company restricted the services without warning and provided a poor level of customer service. We agreed that the company failed to inform the complainant about the possible loss of the telephone number at the time the move was arranged. It acknowledged its mistake and proposed generous remedies which the complainant accepted. Its offer was an average award in our opinion. On review of the evidence we concluded that it was the customer s responsibility to check the terms and conditions, which clearly stated that each device had to be registered for Euro Traveller. The company offered 100 good will gesture as the complainant was a loyal customer. We did identify shortfalls in customer service and required a letter of apology. We agreed that the company had provided shortfalls in regards to its complaint handling but we did not consider that the company had incorrectly restricted the services. It also closed the account prematurely as part of its collection process, without making contact with the complainant when it had an open complaint. We required that the company should: Provide written confirmation of the removal of credit file information Confirm the account is closed with nothing to pay Provide an average goodwill award Provide an apology Issue a letter of apology for the shortfalls in customer service Credit the account with an average award. We required that the company should: Add an average award credit to the customer s account for the inconvenience caused by its premature closing of the complaint. Send an apology for the way the complaint was handled.

4 Billing Service Billing The customer s complaint was that the company had charged the customer for an engineer s visit where a modem in the customer s house had been changed. The company classed the modem as the customer s own equipment. The customer complained that the company had not set their direct debit correctly. This resulted in the company not taking payment and subsequently disconnecting the customer s mobile phone. The complainant raised the issue that they could not access the wifi hotspots on their handset. The company offered to upgrade the monthly data allowance. The customer complained that when changing suppliers for mobile telephone services the port request did not progress. Despite this the company issued three months bills. The company had already provided a refund for the incorrect but the customer complained that customer service was very poor. Following our investigation we found that the company had charged the customer correctly, the modem in question was out of its warranty period and had become the customer s own equipment. As per the agreed with the customer, any internal equipment repaired or replaced would be the customer s responsibility. The company, however, offered to credit the charge for this visit back to the customer which we maintained. We agreed that the company had possible taken down the bank details incorrectly which resulted in the direct debit failing. However, we were of the view that the company had contacted the customer on several occasions in order to make them aware they had overdue payments, which the customer chose to ignore. On review of the evidence we recognised that the customer had experienced a shortfall in customer service. We also recognised that the company had acknowledged this with their offer to upgrade the customer s data. We reasoned that the company s proposal to resolve the complaint was fair. We noted that the company had provided a refund for the payments made whilst the customer had no service, however we could see that there had been shortfalls in customer service, as phone calls had not been returned. We required that the company should: Maintain its offer to credit the account with the engineer charge. We required that the company should: Provide a letter of apology Provide a goodwill award We required that the company should: Upgrade the price plan to include the six GB of data. Apply a one-off credit to the account. Issue a letter of apology for the shortfall in customer service. We were satisfied that the company should: Provide a written apology for the shortfalls in customer service Provide an average award for the shortfalls in customer service and the inconvenience caused.

5 Mis-selling Contract issues The customer complained that at the time of agreeing to move provider the supplier promised that their number could be transferred. The complainant raised the issue that they were mis-sold the contract, as the complainant says they were promised access to Netflix and Spotify as part of the contract, but complained that they only had access to Netflix for six months and no access to Spotify at all. A review of the case showed that the customer had place an order and had put their telephone number on the order form to transfer to the new provider. This resulted in the customer losing their number. When the provider placed the order it did not enter the customer s existing number to transfer it to their original supplier. We also identified additional customer service failures. On review of the evidence we were satisfied that the complainant was not entitled to both Netflix and Spotify due to the package being taken out. Within the cooling off period the company had given the complainant an opportunity to end the contract, however this was rejected. We reasoned that there had not been a mis sell. Give an above average financial award. Provide a written apology. Provide an average award Send a written apology Add the discount to the customer s account Provide a credit to the customer s bank account of the total backdated discount that should have been applied from the start of the agreement.

6 Qtr2 2015/16 Complaint type Detail Review Resolution Service The customer advised that the Evidence shows that the company did not company sold him gaming internet but now this is not available to him. The customer sell the customer gaming internet as it has never offered this type of internet and neither do other providers. The Refund an amount per month in line with reducing package from fibre large to fibre medium. also complains that his broadband speeds were slow and not what were promised at on the account are valid as the customer has not paid the bill but has used the service. Send a letter of apology for issues with speed and customer service shortfalls. the point of sale. He does not believe he should pay his final balance. Provide an average award Billing Unusual s were being sent to the customer from the company. The company advised this was due to database updates. An order was then noticed on the account. The company closed the account and issued a temporary pay as you go SIM due to the potential fraud. The issue was reported to the police. The customer complained that the company billed her in excess of 600 for a 24 hour phone call. They agreed to refund the amount however have failed to do so. The company took corrective action once it became aware of the issue, credited the account, set up pay as you go as a temporary measure and escalated it to its fraud department. However, the company initially failed to advise correctly about the fraud, failed to return calls and didn t provide regular updates. The company had offered to credit the account but failed to do so. The charge was valid and we would not normally have asked the company to refund this, however they had already agreed to do so, as well as an additional 20 financial award. We found this to be fair. Send a letter of apology. Confirm in writing no monies were taken. Remove any adverse marks on the customer s credit file. Provide an average award. Refund the cost of the call the customer s bank account. Provide a below average award.

7 Complaint type Detail Review Resolution Contract issues Customer complained as he We concluded the company had acted wanted to use his new reasonably in refusing to unlock the Send a letter of apology. handset with a different provider s SIM but the company refused to unlock the handset until a later date. The customer felt this was unfair as past experience of unlocking phones with this company was different. handset initially as they had not agreed to unlock it earlier when the customer upgraded. There were some shortfalls in the way the complaint was handled. Issue a below industry average financial reward. Service The customer s phones were suspended whilst roaming due to a large data roaming charge. The customer disputed the charge and initially the company pursued the customer for full payment. They later agreed the charge was an error and agreed to apply a credit, however this took many weeks. The customer complained that broadband connection speed was slow and following testing an engineer was required. An engineer was sent but this incurred a surprise charge. The customer believes service throughout the matter was poor and incurred could have been avoided with support from the company. We agreed the company had made an error in applying the charge and that it took too long to correct its mistake. There were further shortfalls made by the company including taking a direct debit when it said it would not. We agreed the company had not informed the customer of the engineer charge and on the balance of probability that no discussion took place around. It provided a lower level of support than a customer should expect. Send a letter of apology. Issue an above average financial award. Send a letter of apology. Add a credit for the engineer visit. Add an average financial award for poor service.

8 Complaint type Detail Review Resolution Contract issue Customer complained he was We concluded the customer had received placed on a consumer shortfalls in customer service. The Send a letter of apology. contract when he actually required business usage. He company had offered line rental refund for the period of suspension as well as a Provide an average award for landline costs incurred. sent a large number of texts goodwill gesture to cover landline costs Provide a below average award and the account was incurred during the period of suspension. for shortfalls in customer service suspended for possible fraud The company had also acknowledged and inconvenience caused. pending investigation. The shortfalls in service and proposed a company concluded no fraud had taken place however the further credit of 50. We reasoned that this was fair and reasonable. suspension remained until the account type was changed to business usage. Equipment Service The customer complained that he did not get the promised accessories with his handset and as such wanted to cancel his contract without penalty. The customer took out a contract to receive a sports channel however her broadband is too slow to run the service. She believed this was due to a faulty router. The company agreed to send a replacement. When this arrived it was second hand. The customer was not happy with this and also has issues with poor customer service. The company advised the accessories were offered subject to availability from the manufacturer and as they were not available we cannot consider this a failure on the part of the company. We di d not agree that the customer should be able to leave without penalty; however, the company offered this as a financial award and we consider this fair and reasonable. We agreed that the customer had not received the agreed goods and that there were shortfalls with customer service. Arrange collection of handset from customer. Cancel contract upon receipt of handset in good working order. Provide a below average award. Resolve the technical issues. Send a replacement router. Send a letter of apology.

9 Complaint type Detail Review Resolution Service issues The customer paid an early We agreed the company had made an upgrade fee which also included the termination fee from the customer s previous contract. As the upgrade did error in providing the correct information. However we were satisfied the cancellation were valid. On review we acknowledge the Provide an average award to the account for the shortfalls in customer service and provide written confirmation of this. not work out as planned the company refunded the early inconvenience this has caused, but the customer has to share some Accurately adjust the customer s credit file. upgrade fee and put the responsibility for porting their number customer back on their away whilst still in contract. We reduced Send a letter of apology. previous contract. After this the customer ported their the final amount owed in recognition of the shortfall in customer service. number away which resulted in the company issuing a final bill, which included an early termination fee. The customer disputed that they were responsible for these fees as they were not advised at the point of cancelling.

10 Qtr1 2015/2016 Complaint type Detail Review Resolution Misselling claim The complainant claims they were missold a contract and that it was unsuitable for them. The complainant requested that the company remove early termination fees. The company was able to provide a recording of the sales call, which did not support the customer's claim. Unable to use service abroad Misselling claim The complainant was unable to use their mobile phone abroad and experienced delays in the resolution of the issue. The complainant claims they were missold a contract and that it was unsuitable for them. The complainant requested that the company remove early termination fees. We found that the service was unavailable for the customer whilst abroad and the company failed to call back when agreed, causing a delay in the resolution of the issue. The company was able to provide a recording of the sales call, which did not support the customer's claim. We found no evidence to support the complainant's claim. No action was required. cancel the contract without applying early termination ; send a letter of apology; and provide an above average financial award. We found no evidence to support the complainant's claim. No action was required. The complainant requested a change of tariff and this was not actioned, leading to unwanted. We confirmed that the service provider did not correctly apply the change of tariff to the consumer s account, resulting in unwanted. remove the customer s outstanding balance; remove any late payment marks on the consumer s record; and provide a below average financial award.

11 Complaint type Detail Review Resolution The customer states they requested an increase in inclusive minutes and the service provider continued to charge on the existing tariff. No evidence was found to indicate that the customer requested a change in tariff, or that the provider agreed to change it. We concluded that there was no evidence that the service provider charged incorrectly. No action was required. The customer states they were charged for two lines, even though they had only agreed to take out one line. We found that the customer had tried to resolve the issue over and via written correspondence, to no avail. refund all for the line; cancel the line that was mistakenly added to the contract; and provide and average financial award. Line fault The customer complained that they had a fault on the line. The company sent out engineers but the fault could not be resolved. The customer was offered a cancellation, however insisted on a new line being installed. This came with issues and delays. We concluded that the company should have been able to resolve the fault. apply two months credit to the account; send a letter of apology; and provide an average financial award.

12 Complaint type Detail Review Resolution Roaming The customer received a bill We found that, in recent history, the with high roaming data customer did have an optional service send a letter of apology; and, and the account did not have any optional service packs for discounts to these. The customer believed they had an optional pack applied. pack but it was agreed for one month only. Therefore, we considered the to be fair and reasonable. However, we did note a shortfall in customer service. provide a below average financial award for the shortfall in customer service. Contract cancellation The customer complained that despite reporting a fault to the internet service provider, the loss of service was not addressed. The customer disputed their first bill as it was more than the quoted monthly. The customer believed that the company had charged for an engineer who failed to attend, leading the customer to cancel their contract. The company demonstrated that they had diagnosed the reported issue fully. The company found no cause of the fault but did identify some faulty equipment in the customer s home which required an engineer. An engineer made changes to the equipment, not covered by the agreement. The company stated that the customer raised a fault with the new service but refused to accept the potential charge of an engineer s visit so cancelled the contract, resulting in an early termination fee. The first bill showed standard activation. We found no evidence of company shortfalls. No further action was required. We were satisfied that the activation were standard and valid. No action was required. Qtr4 2014/15

13 Complaint type Detail Review Decision Telephone line installation delay. The customer raised the issue with the company of no telephone or broadband service. The company installed the telephone line close to three months later after delays due to duct works. On review of the evidence we recognised the customer experienced a delay in telephone services, the company recognised this and installed a line as soon as possible. The company offered an award for the time the customer was without service, which we consider fair and reasonable. The customer requested discounted line rental. credit the account with the amount that equates to the time they were without telephone service; provide a below average financial award; and send a letter of apology. Network issues The customer complained that following a migration, access to data services was lost. This required a disconnect but took some time to complete. The consumer considers a goodwill award is suitable for the loss of service. We agreed that the company had made an error when migrating from one system to another. We also acknowledged the time taken to restore service. We considered the company had made a fair and reasonable offer to resolve the matter by increasing the award suggested by the customer. provide an above average financial award.

14 Complaint type Detail Review Resolution Customer service The customer approached a new service provider for telephone and broadband services and agreed to port over. The customer then received early termination fees from their previous provider. The customer tried to dispute the with the new provider. The company advised the customer once it was made aware of the termination fees about a buy out offer it has, where the customer can receive high street vouchers. The customer was not happy with this. The customer complained that they received a high phone bill due to data usage, despite claiming they asked for a data cap when they took out their contract. On review of the evidence, we were satisfied that the customer s number ported across from the old provider as per industry guidelines. We advised the customer that the gaining provider has no responsibility to inform them they may incur early termination with their old provider. There was no evidence to suggest the customer informed the company that they were still in contract with their old provider. We were unable to find any shortfalls in customer service. We reviewed the complaint and concluded that the were found to be correct. The network provider does not provide a cap for data used in the UK, it only provides a data cap for roaming abroad, and this is outlined in the terms and conditions. We concluded that no action was required of the company. We concluded that there was no evidence that the service provider charged incorrectly. No action was required. Customer service The customer complained that the company had cancelled their contract without consent, when the customer released they agreed to cancel as the company advised there would be no termination fees. The customer later discovered they had been charged termination fees. The company advised that it had cancelled the contract in error and agreed to refund the customer. We reviewed the account and found further shortfalls in customer service and acknowledged the inconvenience the issue caused. waive the outstanding balance; provide a letter of apology; and provide an average financial award.

15 Complaint type Detail Review Resolution Misselling The customer stated that the We agreed that the company did missell company missold their and gave the customer misinformation. provide a letter of apology; and services by claiming it could offer a particular service at point of sale. It later transpired that the company could not provide this service. We also concluded that the company failed to address the complaint correctly. provide an above average financial award. contract upgrade The customer complained that the company upgraded their contract without consent. The customer queried this and asked the company to investigate it. The complainant requested a change of tariff and this was not actioned, leading to unwanted. The company identified that the upgrade was processed in error. We concluded that there was a shortfall in customer service and we considered the company s proposal to provide an average financial award to resolve the complaint was fair, along with an apology letter. We confirmed that the service provider did not correctly apply the change of tariff to the consumer s account, resulting in unwanted. provide an average financial award to the account for the shortfall in customer services; and provide an apology letter. remove the customer s outstanding balance; remove any late payment marks on the consumer s record; and provide a below average financial award.

16 Complaint type Detail Review Resolution call out charge The complainant disputed an engineer call out charge. The supplier was able to provide evidence of advising the customer that there would be a potential charge for the service and the customer's acceptance of this term. We concluded that the evidence supplied by the company was sufficient to prove that the customer was aware of, and had accepted, the terms set out. No action was required. Unable to use service abroad The complainant was unable to use their mobile phone abroad and experienced delays in the resolution of the issue. We found that the service was unavailable and the company failed to call back when agreed, causing a delay in the resolution of the issue. The company was required to cancel the contract without applying early termination ; send a letter of apology; and provide an above average financial award.